Assembly of First Nations provides Indian Residential School Settlement Update
ASSEMBLY OF FIRST NATIONS BULLETIN
December 20, 2006
More information can be found on the AFN’s website at www.afn.ca/residentialschools
We are one step closer to receiving compensation and benefits through the Indian Residential School Settlement Agreement (the “Settlement Agreement”). As of December 20, 2006, the Settlement Agreement has received court approval from eight of nine court jurisdictions. These eight decisions are posted on the AFN website. We expect a decision from the remaining jurisdiction (Northwest Territories) early in the New Year. While there are other administrative issues that require resolution, these will not change the conditions of the Settlement Agreement.
After this, there is one final step to approve the Settlement Agreement: it must be approved by Indian Residential School Survivors. All Indian Residential School Survivors must decide if they wish to be included in the settlement in order to receive the benefits of the Settlement Agreement, or opt out by advising the notice administrator in writing. All of this will be explained through an extensive notice and community outreach plan which will begin once all court approvals are finalized. It is estimated that there are 80,000 people alive today who will need to be contacted regarding their options under the Settlement Agreement.
We would like to clarify the circumstances around two areas not covered under the Settlement Agreement: (1) Indian Residential School ‘day scholars’ who attended a listed Indian Residential School(s) during the day do not qualify for compensation under the Settlement Agreement. However, if they suffered sexual, serious physical or psychological abuse, they may apply through a new and improved Independent Assessment Process once the Settlement Agreement is approved. This is an important improvement over the old process. Further, (2) students who attended an Indian Day School on reserve are also not part of the Settlement Agreement. We recognize that they too may have experienced pain and suffering, but Abused Indian Day School students must consider launching a separate civil action in order to seek redress and compensation.
The Assembly of First Nations fought very hard for an Advance Payment for Elders. As such, eligible Elders age 65 years or older, as of May 30, 2005, who are verified as attending an Indian Residential School listed in the Settlement Agreement qualify for an $8,000 Advance Payment. The deadline for applications for the Advance Payment must be received by Indian Residential School Resolution Canada (IRSRC) by December 31, 2006.
As of December 18, 2006, there were an estimated 13,400 Elders eligible for the Advance Payment, of which 12,955 applications have been received as follows:
- 9,534 (74%) applications verified and processed;
- 1,404 (11%) applications in process;
- 496 (4%) require further information;
- 281 (2%) applications cannot be processed and applicants have been notified that IRSRC cannot confirm residency; and
- 1,240 (9%) applicants did not meet the payment criteria (age or deceased).
- A total of $76.3 Million has been paid to Elders in the form of an Advance Payment.
With respect to missing records, efforts are ongoing to address this problem prior to the Common Experience Payment being available. IRSRC is receiving records from various sources on a regular basis and is establishing a database of former students to verify attendance for the Common Experience Payment.
The Assembly of First Nations has lobbied all of the provinces and territories to ensure that the Advance Payments and Common Experience Payments do not impact Old Age Pensions or social benefits due to former Indian Residential School students. All provinces and territories have confirmed this with the exception of Nunavut where we will continue to address this issue with them.
Once the Settlement Agreement is approved, other components will also be implemented, including the new Independent Assessment Process, Truth & Reconciliation Commission, Commemoration initiative and funding to the Aboriginal Healing Foundation.
We ask for your patience and support as we move through the final stages of approval of the Settlement Agreement. Additional Information, including a list of common Questions & Answers, is also available on the Assembly of First Nations website (www.afn.ca/residentialschools).